Campbell v. Board of School Commissioners

908 N.E.2d 1234, 2009 Ind. App. LEXIS 952, 2009 WL 2016802
CourtIndiana Court of Appeals
DecidedJuly 10, 2009
Docket49A02-0808-CV-681
StatusPublished
Cited by4 cases

This text of 908 N.E.2d 1234 (Campbell v. Board of School Commissioners) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Board of School Commissioners, 908 N.E.2d 1234, 2009 Ind. App. LEXIS 952, 2009 WL 2016802 (Ind. Ct. App. 2009).

Opinions

OPINION

MATHIAS, Judge.

The Board of School Commissioners of the City of Indianapolis ("the IPS Board") filed in Marion Superior Court a complaint for declaratory judgment against the Indiana State Board of Education, the Indiana Election Commission, Clarke Campbell, Michael Cohen, Elizabeth Gore, and Leroy Robinson. In the complaint, the IPS Board sought an interpretation of Indiana Code section 20-25-3-4 and its effect on the outcome of the May 2008 school board election. The trial court determined that the individuals who received the highest number of votes for the at-large seats should be seated by the IPS Board. Campbell appeals and argues that it violates Indiana law for three members of the IPS Board to reside in the same Board district. Concluding that the individuals who received the most votes for the at-large seats were properly seated by the IPS Board, we affirm.1

Facts and Procedural History

This appeal arises from a declaratory judgment action filed by the IPS Board concerning issues that arose as a result of the school board election held in May 2008. The trial court's meticulous findings of fact provide as follows:

6. Clarke C. Campbell, (hereinafter "Campbell") who resides at 1846 Cross Drive Woodruff Place, Indianapolis, Indiana 46201, is currently an at-large member of the IPS Board. Campbell's term with the IPS Board is scheduled to end on June 30, 2008.
7. Elizabeth M. Gore (bereinafter "Gore") resides at 2510 Sangster Avenue, Indianapolis, IN 46218. In May 2008, she ran for election to the at-large seat on the IPS Board eurrently held by Campbell. Gore received the highest number of votes in her race, and the Marion County Election Board certified Gore as the winner of the at-large seat for which she ran.
[1236]*12368. Leroy Robinson, (hereinafter "Robinson") who resides at 4314 Dabney Drive, Indianapolis, Indiana 46254, is currently an at-large member of the IPS Board. Robinson was elected by the IPS Board to fill a vacancy in January 2008 pursuant to I.C. § 20-25-3-4(h). Robinson's term on the IPS Board is scheduled to end on June 30, 2008.
9. Michael R. Cohen (hereinafter "Cohen") resides at 5119 North Capitol Avenue, Indianapolis, IN 46208. In May 2008, he ran for election to the at-large seat on the IPS Board currently held by Robinson. Cohen received the highest number of votes in his race, and the Marion County Election Board certified Cohen as the winner of the at-large seat for which he ran.
10. Under Indiana Code § 20-25-3-4, the Indianapolis Public schools Board of School Commissioners consists of seven members. Five members are elected from districts where those members reside. The remaining two members are elected at large.
11. Normally, the elections for at-large seats are not conducted concurrently, but rather in alternate, even-numbered years.
12. Indiana Code § 20-25-3-4(e) states: "A candidate who runs for ... an at-large position wins if the candidate receives the greatest number of votes of all the candidates for the position."
13. In May 2004, Campbell was elected as an at-large member of the IPS Board. Campbell's term with the IPS Board is scheduled to end on June 30, 2008.
14. In the election on May 6, 2008, Campbell's at-large seat was up for election in the normal course because his term was about to expire. On the ballot, this seat was referred to as the "incumbent" seat.
15. Campbell, Gore, Ramon Batts, and Karen Drain Mahamadou each ran in the election for this at-large "incumbent" seat. Gore received the most votes of those running for the incumbent seat in the regular election, and she has been certified by the Marion County Election Board as the winner of that election. Gore received 22,942 votes. Campbell received 15,512 votes.
16. Olgen Williams was elected as an at-large member of the IPS Board in May 2006. Williams's term is scheduled to end on June 30, 2010.
17. In December 2007, Williams resigned from his position as an at-large member of the IPS Board. Williams's resignation left a vacancy on the IPS Board.
18. Indiana states: Code § 20-25-8-4(h)
[A] vacancy in the board shall be filled temporarily by the board as soon as practicable after the vacancy occurs. The member chosen by the board to fill a vacancy holds office until the member's successor is elected and qualified. The successor shall be elected at the next regular school board election occurring after the date on which the vacancy occurs. The successor fills the vacancy for the remainder of the term.
19. Under this provision, at a public meeting on January 28, 2008, the IPS Board elected Robinson to fill Williams's vacant seat until the next regular school board election.
20. On May 6, 2008, an election was held in conjunction with a regular school board election to fill Williams's at-large seat on the IPS Board that is currently occupied by Robinson. During that election, this seat was referred to on the ballot as the "open" seat. The term for this seat is scheduled to end on June 30, 2010.
[1237]*123721. Robinson and Cohen ran in the election for Williams's "open" seat. Cohen received more votes than Robinson, and Cohen has been certified by the Marion County Election Board as the winner of that election. Cohen received 28,848 votes. Robinson received 24,442 votes.
22. At the time that Gore and Cohen each ran in their separate elections, each was qualified to run under Title 3 and Title 20 of the Indiana Code.
23. Indiana Code § 20-25-3-4(b) states that "[nlot more than two (2) of the members who serve on the board may reside in the same sehool board district."
24. IPS Board member Kelley Bentley lives in, and is the elected representative of, IPS District 3. Bentley's term ends on June 30, 2010.
25. Both of the newly elected at-large members, Cohen and Gore, also live in IPS District 8.
26. Indiana Code § 20-25-3-4(f) states that the State Board of Education shall establish balloting procedures for the election of members of the IPS Board under Title 3 of the Indiana Code as well as "other procedures required to implement [Indiana Code § 20-25-3-4]."
27. The State Board of Education has established no procedures that address or apply to the relevant cireumstances described above under Indiana Code § 20-25-3-4 or otherwise.
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31. On June 5, 2008, the IPS Board filed an emergency petition with the State Board under Indiana Code § 20-25-3-4(f), seeking guidance on how the IPS Board should be composed on and after July 1, 2008 and asking the State Board to convene a special emergency meeting to address the foregoing matter (hereinafter "Emergency Petition").
32. On June 10, 2008, Kevin McDowell, State Board Hearing Examiner on the IPS Board's Emergency Petition, issued an Order of Dismissal dismissing IPS's Emergency Petition for lack of jurisdiction.
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Bluebook (online)
908 N.E.2d 1234, 2009 Ind. App. LEXIS 952, 2009 WL 2016802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-board-of-school-commissioners-indctapp-2009.